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0 have a free copy of my book, "shooting straight" seems appropriate for you. >> that's it for us tonight. trying make him put it down but he took the shot right then and there. >> he probably tried to knock the kid down. he had to protect whoever he could, so that sounds like mike. >> a math teacher murdered and two students shot when a 13-year-old pulled out a gun inside his school. >> there is no sugar coating. the website has been too slow. getting stuck during the application process. and i think it's fair to say that nobody is more frustrated about that than i am. >> president obama owning up to problems and plaguing the obama care rollout, the health exchanges, but can the white house figure out a fix for this website? a scare in the air. two jumbo jets coming awfully close to colliding in the sky. why these planes got within 100 feet of one another. >> much too close. >> way too close. good morning, everyone! i'm john berman. >> i'm michaela pereira in for zoraida sambolin. >> welcome to the wondrous world of 4:00 a.m. >> a long time since i've seen you. we are learning more about the few moments of terror inside a nevada classroom killing a teacher before the student took his own life. was there a history of bullying? classes at the middle school has been canceled as the community grieves. >> reporter: trying to make sense of a senseless killing. the small community of sparksburg, nevada, came together. >> they have one victory in the cafeteria, one in the hall. >> reporter: students were waiting for the more than bell to ring and then shots fired. >> people started running and screaming so i started running and we heard another gunshot. >> the kit started getting mad and he pulled out a gun and shoots my friend. >> reporter: the shooter, a 13-year-old student, allegedly using his parents' gun, wounded two fellow students. a teacher rushed to their aid. >> he walked up to a teacher and says, "back up." the teacher started backing up. he pulled the trigger. >> the teacher was trying to make him put it down but he took the shot right then and there. >> reporter: a shot that killed 45-year-old michael landsberry, a popular eighth grate teacher. a former marine who served several tours in afghanistan and is now being called a hero. >> he was a very well-liked teacher by the students and other teachers. it's very unfortunate that someone like that that protected our country over there and came back alive, his life had to be taken. >> he loved teaching at sparks middle school. he loved the kids. he loved coaching them. he loved teaching them. he was just a good all-around individual. >> reporter: students are pouring out their grief on social media. >> having him for the math was best. it's too hard to even believe. no teacher will take his place. nothing is going to be the same any more. you are a hero and you will always be missed at sparks middle school. >> reporter: as for the student suspect, police say he took his own life with that gun. >> i knew the person with the gun. he was really a nice kid. he would make you smile when you're having a bad day. i saw him getting bullied a couple times and i think he took out his bullying on him. >> reporter: it's still unclear what drove that child to resort to violence and blrnt he was targeting the students or the beloved math teacher who survived war, only to die what should have been the safe haven of an american middle school. stephanie elam, sparks, nevada. to the president now. his apology of sorts for the problem consumers have been having signing up for health insurance under obama care. the president has admitted things have not gone as well as he originally hoped. here is brianna keilar. >> reporter: an embarrassing moment for president obama forced to defend his signature health care reform program. >> you've probably heard that healthcare.gov hasn't worked as smoothly as it was supposed to work. the product is good. the health insurance that is being provided is good. it's high quality. and it's affordable. >> reporter: he instructed americans to call in. >> i want to repeat that. 1-800-318-2596. >> reporter: but it's a slow process as cnn senior medical reporter found out. >> you apply for me and i wait a week or two and i call you back once i have my eligibility and then we would go over the plans. >> reporter: not exactly what the president had in mind five days before the obama care website launched when he said you could buy insurance. >> shop for a tv on amazon the same way. >> reporter: in states that launch their own web sites, users have had better luck. >> i'm not honored to introduce the president of the united states. >> reporter: janice baker, the first person to sign up in delaware was facing the possibility of going without insurance due to relatively minor preexisting conditions. >> osteoporosis, cholesterol things like that. >> reporter: you were denied how many times? >> three. >> reporter: on the day it law firmed many americans are still unable to enroll in obama care. come mid february, they could face a penalty if they don't have insurance unless that deadline is delayed. there is flexibility there in the law if folks -- >> i would simply refer you to a.j. for more details but we are working on it, they are working on aligning those policies, the enrollment period and time frame period. >> reporter: jay carney leaving the door open there. we have gotten word what kathleen sebelius is expected to testify before the republican-led energy and commerce committee. that is expected to happen next week. brianna keilar, cnn, the white house. >> the one jay carney left could be interesting if they change some of the dates on the policy here. supreme court says it will review state guidelines and set minimum i.q. thresholds for skugs. in 2002, the court found it unconstitutional to execute those with intellectable disabilities. the case stems from florida. the court is expected to decide whether florida's law is constitutional and a decision is expected in july. back in court today, al libi is an accused terrorist with al qaeda and picked up in that daring raid in libya. he has pleaded not guilty. in the meantime the top war crimes prosecutor at guantanamo bay says he agrees with the government that a federal court trial rather than military tribunal hearing is the right way to go in this case. a not guilty plea from a california man accused of trying to join al qaeda. prosecutors say 24-year-old sin vin yo win confessed that he planned to be a trainer for terrorist forces looking to fight in syria. he apparently had already been there fighting as a rebel against the assad regime. the judge in the case expressed some conceptism saying it did not appear the suspect had any special skills that would actually help the terror network. u.s. sent ten armored vehicles to destroy syria's chemical weapons. the nonproliferation and disarmament fund paid over $1 million for those vehicles. the u.s. has provided nearly $6 million in financial assistance to eliminate syria's stockpile of chemical arms. no one immediately claimed responsibility for this attack but it is the first outside the north caucuses region since chechen rebel leader called for new attacks and ordered militants for that on the games. chad myers is here with the forecast. >> a good cool morning for a lot of people. 33 degrees around detroit right now. i guess good evening, hawaii. hois we will gotherwise, airpor today.otherwise, airport delays. cool weather across the upper midwest. 40s for highs. morning lows way below freezing. if you still have tomatoes, you're lucky because otherwise everybody else's is already dead. still warm relatively warm up the east coast for another day, maybe day and a half before it finally does cool down again. here's a look at the clouds and delays again. chicago, miami, d.c. merits and san francisco other than that we are in pretty good shape today. guys, back to you. >> we are in great shape tier here at nine minutes after the hour. >> that's right. coming up. >> this is very hard to explain because it appears that two airplanes with two pilots in the plane, everybody got it wrong initially. >> two planes come dangerously close to colliding and how it happened may shock you. it's not right. it's not fair for us. we're just trying to do what is best for our children. >> a mother held in contempt for breast-feeding her child during jury duty. really? 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